ECLI:NL:RBAMS:2016:4197 ECLI:NL:RBAMS:2016:4197 AI generated

Consumer contract rescinded due to non-conformity; replacement by refurbished device rejected; refund and interest awarded.

Case Number ECLI:NL:RBAMS:2016:4197

Court / Authority Rechtbank Amsterdam

Jurisdiction

Netherlands (NL)

Decision Date 2016-07-08

Outcome Partially Allowed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court declared the purchase contract rescinded because Apple refused to replace a defective iPhone with a new unit, insisting on a refurbished one. The plaintiff successfully argued that Article 7:21 of the Civil Code mandates a new replacement for non-conforming goods, rendering the refurbished offer unacceptable. Consequently, the court ordered Apple to refund the purchase price plus statutory interest while requiring the return of the defective device.

Legislator headnote

AI generated

Art. 7:21 BW; Art. 6:228 BW: Where a consumer contract is rescinded due to non-conformity, the seller must replace the non-conforming item with a new one; a refurbished substitute does not satisfy this obligation, and the buyer may rescind if the seller refuses the new replacement.

Keywords

AI generated

consumer contract rescission non-conformity of goods replacement obligation refurbished device rejection statutory interest award Civil Code Article 7:21 unfair contract terms